Bill Text: MN SF291 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Medical assistance (MA) residential treatment services for emotionally disturbed children modification
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-06 - Referred to Health, Human Services and Housing [SF291 Detail]
Download: Minnesota-2013-SF291-Introduced.html
1.2relating to human services; modifying residential treatment services for children;
1.3amending Minnesota Statutes 2012, sections 245.4882, subdivisions 1, 4, by
1.4adding a subdivision; 245.4885, subdivision 1; repealing Minnesota Statutes
1.52012, sections 245.4885, subdivision 3; 253C.01.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 245.4882, subdivision 1, is amended to read:
1.8 Subdivision 1. Availability of residential treatment services.County boards
1.9 The commissioner must provide or contract for enough residential treatment services
1.10to meet the clinical treatment needs of each child with severe emotional disturbance
1.11residing in thecounty state and needing this level of care. Length of stay is based on the
1.12child's residential treatment needand shall be subject to the six-month review process
1.13established in section
260C.203, and for children in voluntary placement for treatment, the
1.14court review process in section
260D.06
1.15and treatment needs and must be made available as close to the county of residence as
1.16possible. Residential treatment must be designed to:
1.17(1) prevent placement in settings that are more intensive, costly, or restrictive than
1.18necessary and appropriate to meet the child's needs;
1.19(2) help the child improve family living and social interaction skills;
1.20(3) help the child gain the necessary skills to return to the community;
1.21(4) stabilize crisis admissions; and
1.22(5) work with families throughout the placement to improve the ability of the
1.23families to care for children with severe emotional disturbance in the home.
1.24 Sec. 2. Minnesota Statutes 2012, section 245.4882, subdivision 4, is amended to read:
2.1 Subd. 4. Admission, continued stay, and discharge criteria.No later than
2.2January 1, 1992, The county board commissioner shall ensure that placement decisions
2.3for residential treatment services are based on the clinical needs of the child. Thecounty
2.4board commissioner shall ensure that each entity under contract to provide residential
2.5treatment services has admission, continued stay, discharge criteria and discharge planning
2.6criteria as part of the contract. Contracts shall specify specific responsibilities between
2.7thecounty state and service providers to ensure comprehensive planning and continuity
2.8of care between needed services according to data privacy requirements. Thecounty
2.9board commissioner shall ensure that, at least ten days prior to discharge, the operator
2.10of the residential treatment facility shall provide written notification of the discharge to
2.11the child's parent or caretaker, the local education agency in which the child is enrolled,
2.12and the receiving education agency to which the child will be transferred upon discharge.
2.13When the child has an individualized education program, the notice shall include a copy
2.14of the individualized education program. All contracts for the provision of residential
2.15services must include provisions guaranteeing clients the right to appeal under section
2.16245.4887
and to be advised of their appeal rights.
2.17 Sec. 3. Minnesota Statutes 2012, section 245.4882, is amended by adding a subdivision
2.18to read:
2.19 Subd. 6. Maintenance of effort. The county must maintain a level of expenditures
2.20for mental health residential services under this section, in accordance with section
2.21245.4835.
2.22 Sec. 4. Minnesota Statutes 2012, section 245.4885, subdivision 1, is amended to read:
2.23 Subdivision 1. Admission criteria. (a) Prior to admission, except in the case of
2.24emergency admission, all children referred for treatment of severe emotional disturbance
2.25in a treatment foster care setting, residential treatment facility, or informally admitted to a
2.26regional treatment center shall undergo an assessment to determine the appropriate level
2.27of care if public funds are used to pay for the services.
2.28(b)The county board shall determine the appropriate level of care when
2.29county-controlled funds are used to pay for the services. When the child is enrolled in
2.30a prepaid health program under section256B.69 , the enrolled child's contracted health
2.31plan must determine the appropriate level of care. When Indian Health Services funds
2.32or funds of a tribally owned facility funded under the Indian Self-Determination and
2.33Education Assistance Act, Public Law 93-638, are to be used, the Indian Health Services
2.34or 638 tribal health facility must determine the appropriate level of care. When more than
3.1one entity bears responsibility for coverage, the entities shall coordinate level of care
3.2determination activities to the extent possible.
3.3(c) The level of care determination shall determine whether the proposed treatment:
3.4(1) is necessary;
3.5(2) is appropriate to the child's individual treatment needs;
3.6(3) cannot be effectively provided in the child's home; and
3.7(4) provides a length of stay as short as possible consistent with the individual
3.8child's need.
3.9(d) When a level of care determination is conducted, the responsible entity may not
3.10determine that referral or admission to a treatment foster care setting or residential treatment
3.11facility is not appropriate solely because services were not first provided to the child in a
3.12less restrictive setting and the child failed to make progress toward or meet treatment goals
3.13in the less restrictive setting. The level of care determination must be based on a diagnostic
3.14assessment that includes a functional assessment which evaluates family, school, and
3.15community living situations; and an assessment of the child's need for care out of the home
3.16using a validated tool which assesses a child's functional status and assigns an appropriate
3.17level of care. The validated tool must be approved by the commissioner of human services.
3.18If a diagnostic assessment including a functional assessment has been completed by a
3.19mental health professional within the past 180 days, a new diagnostic assessment need not
3.20be completed unless in the opinion of the current treating mental health professional the
3.21child's mental health status has changed markedly since the assessment was completed.
3.22The child's parent shall be notified if an assessment will not be completed and of the
3.23reasons. A copy of the notice shall be placed in the child's file. Recommendations
3.24developed as part of the level of care determination process shall include specific
3.25community services needed by the child and, if appropriate, the child's family, and shall
3.26indicate whether or not these services are available and accessible to the child and family.
3.27(e) During the level of care determination process, the child, child's family, or child's
3.28legal representative, as appropriate, must be informed of the child's eligibility for case
3.29management services and family community support services and that an individual
3.30family community support plan is being developed by the case manager, if assigned.
3.31(f)The level of care determination shall comply with section
260C.212. The parent
3.32shall be consulted in the process, unless clinically detrimental to the child.
3.33(g) The level of care determination, and placement decision, and recommendations
3.34for mental health services must be documented in the child's record.
3.35 Sec. 5. REPEALER.
4.1Minnesota Statutes 2012, sections 245.4885, subdivision 3; and 253C.01, are
4.2repealed.
1.3amending Minnesota Statutes 2012, sections 245.4882, subdivisions 1, 4, by
1.4adding a subdivision; 245.4885, subdivision 1; repealing Minnesota Statutes
1.52012, sections 245.4885, subdivision 3; 253C.01.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 245.4882, subdivision 1, is amended to read:
1.8 Subdivision 1. Availability of residential treatment services.
1.9 The commissioner must provide or contract for enough residential treatment services
1.10to meet the clinical treatment needs of each child with severe emotional disturbance
1.11residing in the
1.12child's residential treatment need
1.13
1.14
1.15and treatment needs and must be made available as close to the county of residence as
1.16possible. Residential treatment must be designed to:
1.17(1) prevent placement in settings that are more intensive, costly, or restrictive than
1.18necessary and appropriate to meet the child's needs;
1.19(2) help the child improve family living and social interaction skills;
1.20(3) help the child gain the necessary skills to return to the community;
1.21(4) stabilize crisis admissions; and
1.22(5) work with families throughout the placement to improve the ability of the
1.23families to care for children with severe emotional disturbance in the home.
1.24 Sec. 2. Minnesota Statutes 2012, section 245.4882, subdivision 4, is amended to read:
2.1 Subd. 4. Admission, continued stay, and discharge criteria.
2.2
2.3for residential treatment services are based on the clinical needs of the child. The
2.4
2.5treatment services has admission, continued stay, discharge criteria and discharge planning
2.6criteria as part of the contract. Contracts shall specify specific responsibilities between
2.7the
2.8of care between needed services according to data privacy requirements. The
2.9
2.10of the residential treatment facility shall provide written notification of the discharge to
2.11the child's parent or caretaker, the local education agency in which the child is enrolled,
2.12and the receiving education agency to which the child will be transferred upon discharge.
2.13When the child has an individualized education program, the notice shall include a copy
2.14of the individualized education program. All contracts for the provision of residential
2.15services must include provisions guaranteeing clients the right to appeal under section
2.17 Sec. 3. Minnesota Statutes 2012, section 245.4882, is amended by adding a subdivision
2.18to read:
2.19 Subd. 6. Maintenance of effort. The county must maintain a level of expenditures
2.20for mental health residential services under this section, in accordance with section
2.21245.4835.
2.22 Sec. 4. Minnesota Statutes 2012, section 245.4885, subdivision 1, is amended to read:
2.23 Subdivision 1. Admission criteria. (a) Prior to admission, except in the case of
2.24emergency admission, all children referred for treatment of severe emotional disturbance
2.25in a treatment foster care setting, residential treatment facility, or informally admitted to a
2.26regional treatment center shall undergo an assessment to determine the appropriate level
2.27of care if public funds are used to pay for the services.
2.28(b)
2.29
2.30a prepaid health program under section
2.31plan must determine the appropriate level of care. When Indian Health Services funds
2.32or funds of a tribally owned facility funded under the Indian Self-Determination and
2.33Education Assistance Act, Public Law 93-638, are to be used, the Indian Health Services
2.34or 638 tribal health facility must determine the appropriate level of care. When more than
3.1one entity bears responsibility for coverage, the entities shall coordinate level of care
3.2determination activities to the extent possible.
3.3(c) The level of care determination shall determine whether the proposed treatment:
3.4(1) is necessary;
3.5(2) is appropriate to the child's individual treatment needs;
3.6(3) cannot be effectively provided in the child's home; and
3.7(4) provides a length of stay as short as possible consistent with the individual
3.8child's need.
3.9(d) When a level of care determination is conducted, the responsible entity may not
3.10determine that referral or admission to a treatment foster care setting or residential treatment
3.11facility is not appropriate solely because services were not first provided to the child in a
3.12less restrictive setting and the child failed to make progress toward or meet treatment goals
3.13in the less restrictive setting. The level of care determination must be based on a diagnostic
3.14assessment that includes a functional assessment which evaluates family, school, and
3.15community living situations; and an assessment of the child's need for care out of the home
3.16using a validated tool which assesses a child's functional status and assigns an appropriate
3.17level of care. The validated tool must be approved by the commissioner of human services.
3.18If a diagnostic assessment including a functional assessment has been completed by a
3.19mental health professional within the past 180 days, a new diagnostic assessment need not
3.20be completed unless in the opinion of the current treating mental health professional the
3.21child's mental health status has changed markedly since the assessment was completed.
3.22The child's parent shall be notified if an assessment will not be completed and of the
3.23reasons. A copy of the notice shall be placed in the child's file. Recommendations
3.24developed as part of the level of care determination process shall include specific
3.25community services needed by the child and, if appropriate, the child's family, and shall
3.26indicate whether or not these services are available and accessible to the child and family.
3.27(e) During the level of care determination process, the child, child's family, or child's
3.28legal representative, as appropriate, must be informed of the child's eligibility for case
3.29management services and family community support services and that an individual
3.30family community support plan is being developed by the case manager, if assigned.
3.31(f)
3.32shall be consulted in the process, unless clinically detrimental to the child.
3.33(g) The level of care determination, and placement decision, and recommendations
3.34for mental health services must be documented in the child's record.
3.35 Sec. 5. REPEALER.
4.1Minnesota Statutes 2012, sections 245.4885, subdivision 3; and 253C.01, are
4.2repealed.
